The information below is important to property owners in Salisbury as the rules have changed. No longer will the City of Salisbury take care of weeds outside of your businesses, including the curbs on the streets. Be sure to read this document to become informed before you're hit with a violation. To be perfectly honest with everyone, I received a violation at 300 W. Main Street for grass growing in the curb area and I had absolutely no clue it was my responsibility. I had even shown pictures in the past of the City going around spraying for such weeds but all that has changed and I too was unaware of such changes.
Chapter 8.08
BRUSH, WEEDS AND OBNOXIOUS GROWTH*
Sections:
8.08.010 Cutting or removal of grass, weeds, brush and plant growth required.
8.08.020 Maintenance of curbs, gutters and sidewalks clear of growth.
8.08.030 Warning letter of violation.
8.08.040 Action upon noncompliance with notice to remove growth.
8.08.050 Abatement by city.
8.08.060 Costs of removal to constitute lien on property—Interest—Collection.
8.08.070 Appeal.
* Prior history: Prior code §§ 50-1—50-6 as amended by Ords. 1571, 1650 and 1971.
8.08.010 Cutting or removal of grass, weeds, brush and plant growth required.
Every owner of any area, lot or parcel of land shall cut, trim or otherwise remove or cause to be cut, trimmed or otherwise removed all grass, weeds, brush or plant growth thereon in excess of eight inches. "Weeds" shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, how-ever, that this term shall not include cultivated flowers and gardens. It shall be the duty of any person owning any plat of ground in the city to prevent the growth of weeds thereon as shall constitute a health hazard, fire haz-ard, safety or traffic hazard or public nuisance. (Ord. 1980 (part), 2006)
8.08.020 Maintenance of curbs, gutters and sidewalks clear of growth.
Property owners of any lot or land located in the city shall maintain their respective curbs, gutters and side-walks bordering their parcels of land in such condition as to be clear of all growth of grass, weeds, brush or plant growth within the curb, gutter and sidewalk. (Ord. 1980 (part), 2006)
8.08.030 Warning letter of violation.
A. When a violation of Section 8.08.010 or 8.08.020 of this chapter occurs, a warning letter of violation shall be sent to the owner or occupant of the property. This warning letter of violation shall:
1. Be in writing;
2. State the nature of the violation and that such condition constitutes a violation;
3. Describe the premises where the violation is alleged to exist;
4. For a first violation in any calendar year:
a. State that the condition must be removed from the property within ten days of the date of the notice,
b. State that the department of neighborhood services and code compliance shall conduct a re-inspection of the property after ten days have passed since the date of the notice.
5. For a second violation in any calendar year:
a. State that the condition must be removed from the property within seven days of the date of the no-tice,
b. State that the department of neighborhood services and code compliance shall conduct a reinspection of the property after seven days have passed since the date of the notice.
6. State that, if during the inspection of the premises, the violation complained of in the warning letter is found, it shall be abated by the city as soon as practicable, and the costs of such abatement shall be specially as
sessed and shall be deemed a personal debt against the owner and constitute a lien against the property from which abated;
7. State that upon violation of Section 8.08.010 or 8.08.020 of this chapter, the owner shall be guilty of a municipal infraction, and upon conviction shall be fined twenty-five dollars ($25.00) for a first offense and fifty dollars ($50.00) for each day the condition remains unabated up to a maximum of five hundred dollars ($500.00);
8. Be served by one of the following methods:
a. By depositing the notice or order in the United States Post Office, first class postage prepaid, ad-dressed to the owner at his last known address as recorded in the real estate assessment records of the city of Salisbury and by posting a copy of the notice or order in a conspicuous place on the property subject to the order,
b. By hand-delivering the notice to the person to be notified, or
c. By leaving the notice at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein.
9. State that only two warning letters will be issued to the same property owner in any calendar year and that if further violations of this chapter occur, the condition causing a violation may be abated without no-tice. (Ord. 1980 (part), 2006)
8.08.040 Action upon noncompliance with notice to remove growth.
Upon failure, neglect or refusal of any property owner duly notified to cut, destroy and remove such exces-sive growth of grass, weeds, brush or plant growth from his property or any growth on his respective curb, gutter or sidewalk within the time specified in the notice provided for in Section 8.08.030 of this chapter, the owner shall be in violation of this chapter and shall be guilty of a municipal infraction and, upon conviction in any court of competent jurisdiction, shall be fined twenty-five dollars ($25.00) for the initial offense and fifty dollars ($50.00) for each day that the offense remains unabated up to a maximum of five hundred dollars ($500.00). Every such person may be guilty of a separate offense for every day such violation shall continue. (Ord. 1980 (part), 2006)
8.08.050 Abatement by city.
A. In the event of failure, neglect or refusal of any owner duly notified pursuant to Section 8.08.030 of this chapter, to cut, destroy or remove such excessive growth of grass, weeds, brush or plant growth from his property or any growth on his respective curb, gutter or sidewalk within the applicable time period specified in the notice, the director of the department of neighborhood services and code compliance may cause the condition to be abated by appropriate means.
B. The director of the department of neighborhood services and code compliance shall send only two warning letters to the same property owner in any calendar year. If further violations of this chapter occur, the condition causing a violation may be abated without notice. (Ord. 1980 (part), 2006)
8.08.060 Costs of removal to constitute lien on property—Interest—Collection.
A. If the director of the department of neighborhood services and code compliance causes a condition to be abated under this chapter, the cost or expense of such abatement, plus one hundred dollars ($100.00) for the cost of administering the provisions of this chapter, shall be assessed, and the director of the department of neighborhood services and code compliance shall issue a notice to the property owner. The notice shall be in writing and shall state the following:
1. The amount of the fees due as of the date of the notice;
2. That if the owner fails to pay the fees due within thirty (30) days after billing, the director of the de-partment of neighborhood services and code compliance shall cause to be recorded in the department of internal services the amount of fees due and owing, and such amount will be carried on the records of the city of Salis-bury and shall be collectible in the same manner as real estate taxes are collected;
3. The owner’s right to appeal and method for appeal under Section 8.08.070 of this chapter.
B. If the full amount of any fees due to the city is not paid by the owner within thirty (30) days after billing and the property owner does not file a timely appeal, the director of the department of neighborhood ser-vices and code compliance shall cause to be recorded in the department of internal services the amount of fees due and owing, and such amount will be carried on the records of the city of Salisbury and shall be collectible in the same manner as real estate taxes are collected, including the accrual of interest. (Ord. 1992 (part), 2006: Ord. 1980 (part), 2006)
8.08.070 Appeal.
A. Any person wishing to appeal a determination of the director of the department of neighborhood ser-vices and code compliance regarding the provisions of this chapter shall file a written notice of appeal with the department of neighborhood services and code compliance within twenty-one (21) days after receipt of a notice sent pursuant to the provisions of this chapter. The notice of appeal shall contain a statement of grounds for the appeal. The notice of appeal shall be accompanied by a fee of one hundred dollars ($100.00).
B. The director of the department of neighborhood services and code compliance shall refer the appeal to the housing board of adjustments and appeals. The board shall meet monthly, or more frequently at the call of the chair, to hear appeals. The board shall notify the owner in writing of the time and place of the hearing.
C. When hearing appeals under this chapter, the board shall follow the procedures set forth in Chapter 15.24 of the Salisbury Municipal Code. (Ord. 1980 (part), 2006)
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22 comments:
someone tell me why do i pay tax to this city if i have to do all the roads department work and police work and who know what next
Next thing you know they will ask you to pave your streets and paint your curbs,Amagine aunt elma out there at 95 with a weed wacker.
Fair enough! Now the city needs to be fined for the gangsters, drug pushers and prostitutes that infest our streets and surround our properties which renders them not only Unsafe but Worthless.
the funny part is this seems to only matter if you live in a "Nice Part" I got cited last year on S. Clairmont for paint chiping, and ended up repainting my whole house, granted it looks alot better, but mygod, have you seen some of the properties in the bad Area, the Look Like hell, and have for years
They should of said landlords and FOB not included. I would tell them to stick it up their a$$.
hey 1153 do what i do take pic send to joe file formal complaint then watch city fix problem
Careful, Joe, or they'll charge you with littering as well.
Did this infraction come to their attention from the Joey-cam?
Thank you Mayor Ireton, "change is on the way"
You have enough herione to pave the city streets and they want to worry about the weeds in the sidewalks, what a joke.
Where are the fines for "noxious people" who stand around on street corners drinking and slinging?
i notice that the property on Lake str. that was supposed to be a gift to us lucky people is totallly over grown with weeds and grass and vines but i dont see our illustrious code and compliance dept doing anything with that landowner. is he sacred because he is an absentee owner? i dont understand the different rules for different people. thanks sjd
Just another profit center for the city. The fines are outrageous - weeds in the sidewalk will cost you over $200 if you don't take care of it by the deadline.
I agree - when they make our city streets safer - they can charge us for not weeding our sidewalks.
And what about all the lovely growth and weeds at the old mall??? Isn't that the city's responsibility??? Who's gonna take care of this mess?? They should have those pink slips plastered all over that area - it's a sight!
My neighborhood was attacked by this group in June. We do not have sidewalks or curbs but what you would call roll curb. A small amount of grass was growing between the asphalt road and this roll curb. I couldn't believe they were wasting time ticketing our well kept development, when so many of the city's own properties are not in compliance. Riding around town and you will be groww property neglect everywhere. I wrote them citing my feelings on their so called violation criteria. jetd
In the city, you own to the face of curb, not the gutter. And, you are forced by deed to not build (easement) on that front 5 foot for the sidewalk. I can see the walk and curb care at best, but not the gutter. I'm sure a tour of the town with a camera will tell who's getting what fines and notices!
The City needs to take care of weeds on and near its own properties first. The old fire station has weeds evrywhere around the buildings. The public works area is bad too. Take a look at the flower beds along the roadways and tell me what you see. The flower beds at Tilghman Rd and Rt 50 are a discrace. The weeds are a foot high in the beds that were done last summer. So before you go after the little people take care of your own properties.
Is this new law so the city can save money? Is this one of the cuts in the budget?
Salbury Bozos:
How do you like that Ireton "help" that you got by electing him?
Happy Harry in Hebron
"They've" NEVER done any of ours anyhow.
They do the street in back of us, however. Must be somebody important living there.
Maybe I should send the city a bill for all the years I've been spraying.
They're doing this because they've let 'em go for soo long It would cost too much for them to do it.
I want a refund on my taxes for this.
Just keep on driving people away... Blackboard jungle on the way.
what gutter? we don't have one. the snow plow & street sweeper have nearly eliminated it.
Ignorance of the law is no excuse. Pull them weeds...
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